Page 559 - Week 02 - Thursday, 14 February 2013
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The bill also inserts a new regulation into the ACT Civil and Administrative Tribunal Regulation 2009, which is equivalent to section 202 of the New South Wales Retirement Villages Act 1999. The new regulation ensures that amounts may be paid out of the ACT trust account, equivalent to the New South Wales property services statutory interest account established under the New South Wales Property, Stock and Business Agents Act 2002.
The bill makes two amendments to the Civil Law (Property) Act 2006. The provisions amended relate to ejectment of lessees and recovery of leased premises. They are intended to apply as a default where there is no other applicable statute providing for the termination and removal of lessees.
Lease arrangements that fall within the provisions of the Residential Tenancies Act 1997 and the Leases (Commercial and Retail) Act 2001, for example, are subject to provisions in those acts dealing with termination and recovery of premises, and are therefore excluded from the operation of the ejectment and recovery provisions.
Similarly, the Retirement Villages Act provides for the ending of residents’ contracts and the circumstances in which residents’ contracts can be terminated, including termination by the ACAT. For this reason, this bill excludes residents’ contracts under the Retirement Villages Act from the ejectment and recovery provisions in the Civil Law (Property) Act 2006.
This bill makes consequential amendments to the Civil Law (Sale of Residential Property) Act 2006 to substitute references to retirement villages under the code of practice with references to “retirement village”.
The amendments also clarify that most types of transactions involving retirement villages or units, which do not usually involve the legal transfer of title in real property, are excluded from conveyancing requirements unless they involve the transfer of a unit in a unit titled retirement village or in a community title scheme village.
The bill amends the dictionary definition of “fair trading legislation” in the Fair Trading (Australian Consumer Law) Act 1992 to include a reference to the Retirement Villages Act. This will ensure that the Commissioner for Fair Trading, and fair trading investigators, may investigate complaints and ensure compliance with the Retirement Villages Act.
The bill inserts into the Land Titles Act 1925 references to the Retirement Villages Act so that the minister can determine fees under that act and the registrar-general can approve forms. These amendments are consequential on provisions in the Retirement Villages Act which provide for notices to be given to the registrar-general, including notice that land is used, or is proposed to be used, as a retirement village.
The bill omits a reference to “retirement villages” in the Residential Tenancies Act 1997, which currently has the effect of excluding retirement villages from the operation of that act.
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